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After run-ins with CJI Dipak Misra, senior advocate Rajeev Dhavan quits legal practice

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Dipak-Misra

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Senior advocate felt humiliated at the way Chief Justice Dipak Misra treated him during the Delhi government v/s Lieutenant Governor case proceedings

Days after a five judge Constitution Bench of the Supreme Court headed by Chief Justice Dipak Misra concluded its hearing in the much-publicised legal battle between the Delhi government and the Lieutenant Governor, senior advocate Rajeev Dhavan stunned the legal fraternity on Monday with his decision to “give up court practice”.

Dhavan, a senior lawyer known as much for his legal expertise as for his short temper, was representing the Arvind Kejriwal-led Delhi government in the case that dealt largely with his client’s demand for a clarity on the role of the Lieutenant Governor of Delhi in the day-to-day administrative affairs of the city-state.

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In a curt letter to Chief Justice Dipak Misra, Dhavan said: “After the humiliating end to the Delhi case, I have decided to give up Court practice.” The legal luminary who has had an acclaimed run as a lawyer in many a high profile case over the past three decades also added that while Chief Justice Misra is “entitled to take back my Senior Gown conferred on me” he would “like to keep it for memory and services rendered.”

That Dhavan and Chief Justice Dipak Misra did not exactly see eye-to-eye on several matters in which the former was arguing in the Supreme Court was an open secret and their frequent verbal spats during court proceedings only strengthened this notion further. However, the proceedings in the Delhi government-Lieutenant Governor case on December 6 seemed to have pushed Dhavan to the edge of his patience.

As the Constitution Bench declared that it was concluding hearing in the case – a little past 4 pm on December 6 – and was reserving its verdict in the matter, there were heated exchanges between Chief Justice Dipak Misra and senior counsel Rajeev Dhavan.

Dhavan, appearing for the Delhi government, had wanted to make some oral submissions to counter contentions put forth by the Respondents in the case. After initially denying Dhavan’s request, the Chief Justice finally permitted the senior lawyer to speak but with the rider that he would not raise issues that had already been submitted by lead counsel Gopal Subramanium.

As Dhavan began his submissions related to Article 239 of the Constitution, the Chief Justice interrupted him saying “this is an uncalled for and unwanted argument”. The interruption irked Dhavan who launched into a high-pitched broadside which was reciprocated by Chief Justice telling the senior lawyer: “You go on shouting. You are always like that. We will give our judgment”.

It was only after Gopal Subramanium and Indira Jaising – Dhavan’s colleagues in the team representing the Delhi government – made desperate attempts to pacify him that the senior advocate seemed to calm down and also apologised to the Bench for his behaviour.

This was, however, not the first run in that Dhavan had with the Chief Justice in recent weeks. A day before this spat, the Chief Justice and Dhavan had got into a heated argument while the latter, along with senior lawyers Kapil Sibal and Dushyant Dave, was demanding that the Supreme Court defer the hearing in the Babri Masjid-Ram Janmbhoomi title suit till mid-2019.

Aside from his direct verbal duel with Dhavan in the Supreme Court, Chief Justice Dipak Misra had also made an indirect attack at the senior lawyer on Thursday while presiding over an unrelated case. In a veiled reference to Dhavan’s outbursts a day before, the Chief Justice had said: “When lawyers argue in a manner not in tune with constitutional language, we will tolerate it, but for how long? If the Bar does not regulate itself, we will be compelled to regulate… Unfortunately, a small group of senior counsel thinks they can raise their voices. But they must understand that raising voices will not be tolerated. Raising voices only shows their inadequacy, incompetence and that they are not fit to be seniors.”

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India News

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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India News

“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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